Madhya Pradesh High Court
Kalash Tripathi vs The State Of Madhya Pradesh on 27 July, 2015
MCRC-10317-2015
(KALASH TRIPATHI Vs THE STATE OF MADHYA PRADESH)
27-07-2015
Shri Manish Datt, Senior Advocate with Shri Rahul Sharma,
counsel for the applicant.
Shri Akshay Namdeo, P.L. for the respondent/State.
Heard learned counsel for the parties.
The applicant is in custody since 18.6.2015 relating to Crime No.342/2015 registered at Police Station Civil Lines, District Rewa for offences punishable under Sections 177, 307, 120-B and 195 read with Section 34 of I.P.C.
Learned counsel for the applicant submits that applicant is a youth of 19 years of age, who has no criminal past alleged against him. It is alleged against the co-accused Akash Mishra that he fired from a gun on the victim Shibbu. It is not alleged against the applicant that he assaulted the victim by any weapon. No common intention of the applicant can be presumed with the co-accused Akash Mishra. No offence punishable under Section 307 or 195 of I.P.C is made out against the applicant either directly or with the help of Section 34 or 120-B of I.P.C. Remaining offences are not so grave. The applicant is in custody without any substantial reason. Under these circumstances, applicant prays for bail.
Learned P.L opposes the application.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant Kalash Tripathi may be accepted. Consequently it is hereby allowed.
It is directed that present applicant be released on bail on his furnishing a bond in sum of Rs.40,000/- (Rupees forty thousand) with one surety bond of the same amount to the satisfaction of the CJM, Rewa to appear before the committal Court and trial Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K. GUPTA) JUDGE